Civil Procedure

American Legion v. American Humanist Association — Study Notes

139 S. Ct. 2067 (2019)

Study notes for American Legion v. American Humanist Association: professor notes, cold call prep, exam angles, and memory aids.

The presence of a historical war memorial shaped like a cross does not violate the Establishment Clause when viewed in context.
Professor Notes

This case critically examines the intersection of historical memorialization and the Establishment Clause of the First Amendment. The Supreme Court's decision emphasized the historical significance of the Peace Cross and its role in commemorating fallen soldiers rather than serving as an overtly religious symbol. Professors may highlight the Court's reasoning that public monuments, which reflect national traditions, should not be hastily deemed unconstitutional based on their religious shape alone, but rather understood in context and history.

Cold Call Prep
  1. 1The Court held that the Peace Cross did not violate the Establishment Clause due to its historical context.
  2. 2The majority opinion viewed the Peace Cross as a memorial rather than an endorsement of religion.
  3. 3The dissent argued that the ongoing public maintenance contributes to a perception of governmental endorsement of a particular faith.
  4. 4Consider the role of historical monuments in public spaces and how their meanings may evolve over time.
  5. 5What standards did the majority establish for evaluating whether a monument promotes religious endorsement?
  6. 6Discuss how this case compares to previous rulings on the Establishment Clause involving similar symbols.
Mnemonic Device

Peace Cross = Historical Context, Not Religious Endorsement

Distinguish From
CaseDistinction
Lemon v. KurtzmanLemon established the test for evaluating laws under the Establishment Clause, focusing on excessive entanglement and government endorsement, while American Legion emphasized historical context instead.
McCreary County v. ACLUIn McCreary, the Court ruled against government-sponsored religious displays on the basis of their intent and context; American Legion found the Peace Cross to serve a commemorative function.
Van Orden v. PerryVan Orden upheld a Ten Commandments monument based on its historical and contextual significance, similarly to how American Legion upheld the Peace Cross.
Policy Arguments

For the Rule

The preservation of historical monuments promotes national heritage and traditions that are essential for community identity and recognition of sacrifices made by military personnel.

Against the Rule

Allowing religious symbols in public spaces may blur the line between church and state, potentially alienating non-religious citizens or those of different faiths.

Class Discussion Points
  • Discuss the implications of the Court's reliance on historical context in Establishment Clause cases.
  • What are the potential consequences for other memorials or monuments that may be challenged?
  • How does the case reflect evolving standards of religious freedom in public life?
  • Examine the differing viewpoints within the Court and their implications for future Establishment Clause jurisprudence.
  • What standards might lower courts use going forward to assess the constitutionality of religious symbols in public spaces?
Exam Angle

This case may appear in exams as an example of the court's application of the Establishment Clause to public monuments and the weight given to historical context versus overt religious symbolism.

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